Bush clears air over deal, leaves window open for India

“Section 103 of the Act purports to establish US policy with respect to various international affairs matters. My approval does not constitute my adoption of the statements of policy as US foreign policy,” said Bush in his official statement on Henry Hyde United States-India Peaceful Atomic Energy Cooperation Act of 2006 which he signed into law on Monday.

Referring to US Constitution’s authority on the President to frame and conduct foreign policy, he was clear that his Administration will treat such policy statements as “advisory”.

It is this section to which there has been maximum domestic opposition from the Left, BJP and retired nuclear scientists. Bush’s stand, sources said, endorses the government’s position that nothing beyond the July 18 joint statement and the March 2 Separation Plan will be part of the final agreement between the two countries.

Bush has made it clear that his Administration will execute this provision and the various other reporting requirements in the backdrop of the US President’s authority to “protect and control information that could impair foreign relations”. This essentially breaks the linkages being drawn by retired scientists here between this provision and the Cooperative Threat Reduction Programme followed with breakaway republics of the erstwhile USSR.

Besides this, Bush has taken serious exception to a prescription in the main portion of the Act which asks US Government to ensure that whatever items it sells to India must be congruent to list of items being made available by the Nuclear Suppliers Group. This provision essentially requires the US Administration to make changes in its list of items to India whenever the NSG makes such amendments in the future.

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